Terms & Conditions

Please ensure that you read the information below before accessing or using the Website, Platform or our Services. Please contact us at [email protected] if you have any questions.

Introduction

In these terms and conditions (“Terms”), “Maytes”, “Split with Maytes”, “us”, “we” and “our” means KttiPay Pty Ltd (ACN 657 958 195) trading as Split With Maytes and “you” and “your” means a user of our Platform.

These Terms, together with our Privacy Policy, apply to your use of our Platform and any other service we may provide to you from time to time.

By using the Platform, you agree to these Terms, together with our Privacy Policy (collectively, the “Agreement”). If you do not agree with the terms of the Agreement, you must not access, or use this Platform.

About Split with Maytes

KttiPay Pty Ltd (ACN 657 958 195) trading as Split With Maytes is the operator of the Platform and Services.

The Split with Maytes Services and Platform

We provide the Platform which offers information and functionality to split, manage and track funds. We offer our Platform and our Services ‘as-is’ and without warranty.

You acknowledge and agree that any information or advice provided to you through the Platform is general in nature and is not intended to constitute financial information or advice.

Platform Use

You warrant and represent that your access to, or use of, the Platform or our Services is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement Authorities.

To access certain content on the Platform, specifically the Maytes app, you must first become a Verified User by creating a User Account.

To create a User Account you will be asked to provide certain Registration Data and you may be required to nominate a password. You must ensure that all Registration Data is accurate and up to date at all times.

You may not use one mobile phone number to register for multiple User Accounts and you must not hold more than one User Account at the same time. We reserve the right to refuse registration requests at our sole discretion.

Your User Account will also store any other information you elect to provide us, or that is generated through your use of, or activities on, the Platform. This may include personal contact information and details about your spending, splitting and applicable transaction data. Any such data that is personal information will be collected, stored, used and otherwise dealt with in accordance with our Privacy Policy.

While we take steps to protect the security of the information on our Platform through data encryption, you have the sole responsibility for any activity that occurs on or via your User Account.

You must keep your password secure and you must not grant access to your User Account to any other person.

You must notify us immediately if you become aware of any security breach or any unauthorised use of your password or User Account.

It is your ongoing responsibility to keep us informed of any changes in the information you have given us in connection with your registration with us.

We may, in our absolute discretion, terminate your User Account, disable your User Account or restrict your access to the Platform and/or our Services (temporarily or permanently) where you have breached this Agreement or for any reasonable reason and at any time.

Under these circumstances, you may be prevented from accessing all or parts of the Platform, your User Account details, or any other content associated with your User Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on your use of the Platform. Further, we may, for any reason, at any time and without notice to you, change or remove Platform functionality.

The Platform contains links to third party websites. Any links to such websites provided on the Platform are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to the Platform. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.

You may not use the Platform other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Platform or the servers and networks that host it. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Platform.

Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Platform.

You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Platform do not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Platform.

Types of Users

Below are the types of Users on our Platform and a single person may be considered one or more of the following:

• Verified User: a person who has verified their phone number through the Maytes app.
• Registered User: a person who has registered with the Maytes app but has not yet verified their phone number.
• Invited User: a person who has been asked to split a transaction by a Verified User AND does not have an account with Maytes.
• Guest User: a person who has engaged with Maytes via an electronic checkout but has not downloaded the Maytes app.
• Requesting User: the person who has requested a split through Maytes.
• Requested User: a person who has been asked to Split with Maytes.

How Split with Maytes Works

The Requesting User makes a purchase at an online merchant for themselves and their mates and selects “Split with Maytes” at checkout.

Acceptable payment methods include an Australian issued debit or credit card.

The Requesting User follows the prompts and inputs their mate’s details making their mate a Requested User.

The Requesting User selects their share of the full amount (for example, 50%) and allocates the remaining amount as agreed.

Maytes will charge two transactions to the Requesting User, made up of:

• Their split as determined by the Requesting User, AND
• Place a pre-authorised hold on the same payment method for the remaining balance. This means that the Requesting User must have an available balance that covers the entire amount.

The Requesting User has now made full payment to the merchant.

Maytes will then send links to the Requested User(s) which they can make payment through directly to the merchant.

As each Requested User pays, the pre-authorised hold will reduce until it is fully paid in which case the pre-authorisation will be cancelled OR the Requested User(s) fail to pay in which case the pre-authorised hold will be collected.

Fees and charges

You are liable for any fees or charges that may be imposed by the provider of your personal bank account. Any failed attempts to debit your bank account or credit card may result in a dishonour fee from the provider (such as your bank) and will result in likely forfeiture of the goods and services that you are seeking to purchase.

You should make sure that you have sufficient funds in your chosen payment method.

Requesting User: The Requesting User will be charged a fee to place the transaction through Maytes.

Requested User: Requested Users will be charged a fee at the time of paying through the link sent by Maytes.

Cancelling a transaction

If you would like to seek a refund on your order or have any questions regarding the order, please contact the merchant/seller of the goods.

Intellectual Property

You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Platform, and we retain all rights, title and interest in the Platform (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use the Platform.

You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display any part of the Platform on another website or create derivative works from any part of the Platform or commercialise any information obtained from any part of the Platform without our prior written consent.

By uploading, posting, transmitting or otherwise making available any content or material via the Platform (“Your Content”), you:

• grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish and reproduce Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and
• represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Platform.

We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Website, at any time, for any reason and without notice to You.

You agree that you will not modify or copy the layout or appearance of the Platform nor any computer software or code contained in the Platform, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Platform.

Linking to the Site

You must not establish a link to the Platform in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Platform from any website that is not owned by you.

This Platform must not be framed on any other website, and you must not create a link to any part of this Platform other than the home page. We reserve the right to withdraw linking permission at any time without written notice.

Warranties

We will use reasonable endeavours to provide constant, uninterrupted access to the Platform, but with any software-based product, this cannot be guaranteed. We will not be responsible or liable for any direct or indirect losses or damages suffered or sustained by you as a result of, or in connection with, any interruption or delay in accessing and using the Platform.

To the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Platform provided hereunder is given or assumed by us other than as required at law. You acknowledge and agree that the Platform is provided on ‘as is’ basis and that you will make your own investigations into whether or not it is fit for your purposes.

We make no representations, warranties or guarantees:

• that content available on, or produced by or via, the Platform is accurate, complete, reliable, current, error-free or suitable for any particular purpose. This content is provided on an ‘as is’ basis and you acknowledge and agree that you exercise absolute discretion in choosing how to use this content; or
• as to the availability of the Platform or that the Platform is or will be free from viruses, worm, trojan or other malicious code. You are responsible for taking your own precautions in this respect.

Nothing contained in the Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Applicable Laws.

Indemnity

You agree to indemnify us, our group entities and their respective officers, directors, employers or contractors (collectively, the “Indemnified”) and to protect the Indemnified from any loss or harm, and not hold them responsible for any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of the Platform, or any breach by you of the Agreement.

Limitation of Liability

In relation to our Platform, you both acknowledge and agree:

• that you will use our Platform for their intended purpose, and in compliance with all local, state, national and international laws, rules and regulations.
• you will not use the Platform in a manner that is fraudulent, disruptive, aggressive, manipulative, for money laundering or any other inappropriate manner.

To the maximum extent permitted by law, we exclude all:

• conditions, guarantees or warranties expressed or implied by law; and
• any liability to you however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill)(this includes any emotional distress) arising out of, or in connection with, access and/or use of the Platform, our Services and/or this Agreement.

Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed AUD $100. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in information issued by us will be subject to correction without any liability on our part.

Complaints and Feedback

If you have a general issue with using our Platform or the Services available through it (“General Complaint”) or a suggestion about how we can make our Platform and Services better (“Feedback”), please contact us via email to [email protected].

Please provide a full explanation of your General Complaint or Feedback. If your correspondence is not clear, either Maytes may request further information from you before taking further action.

We will endeavour to provide a timely response to any General Complaint or Feedback.

Where the complaint is about the merchant, please liaise with them directly.

Where the complaint is about a mate not paying you back, please liaise with them directly.

Disputes between Users

This process has been designed to promote efficient, fair and prompt resolution of any issues that may arise between Users or otherwise.

By using the Platform, all Users acknowledge and agree to adhere to this complaints and dispute resolution process as set out below.

If you have a dispute with another User(s) of the Platform regarding a purchase or monies owed, we strongly encourage you to resolve disputes with the other User(s) directly. You acknowledge and agree that you will engage in good faith efforts to resolve any issues or disputes that may arise.

If the matter remains unresolved after good faith attempts, either party may propose:

• obtaining independent expert opinion from a mutually agreed third-party financial or legal expert. Both parties shall share the costs of obtaining this expert opinion equally. The expert’s opinion shall be considered by both parties in good faith for the purpose of resolving the dispute; or
• entering into mediation. Mediation shall be conducted by a neutral third-party mediator mutually agreed upon by both parties. The cost of the mediator shall be borne equally by both parties, unless otherwise agreed.

If the steps set out above are unsuccessful, either party may then exercise the right to pursue legal action. Both parties commit to exhausting all available alternative remedies before resorting to legal action.

Throughout the complaint resolution process both parties shall continue to uphold their respective obligations associated with these Terms insofar as such obligations are compatible with the ongoing complaint resolution efforts.

For the avoidance of any doubt, Maytes will not be involved or responsible for any disputes between Users, nor will they be responsible to provide financial contribution to any of the dispute resolution process.

If you contact us in relation to a Dispute, in some circumstances we may elect, at our discretion, to assist you in resolving the Dispute, by means decided by us.

Privacy

We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

General

We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Platform.

Although we do our best to provide the most up to date information on the Platform as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

Any provision of the Agreement which is void or unenforceable may be severed from the Agreement without affecting the enforceability of other provisions.

A failure or delay by us to exercise a power or right under the Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right. The Agreement is governed by, and must be construed according to, the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.

Interpretation

In these Terms:

• “Agreement” has the meaning ascribed to it under Clause 1.3;
• “Applicable Laws” means the laws of Australia and any other laws or regulations, regulatory policies, guidelines or industry codes which apply to products or services supplied through the Platform;
• “Application” or “App” means the Maytes mobile application available on the Website, iOS App Store and Google Play store;
• “Business Day” means a day on which banks are open for business in Sydney, New South Wales other than a Saturday, Sunday or public holiday in that city;
• “Intellectual Property Rights” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
• “Platform” means the platform accessed via the Website or the Application, or any other website, platform, or application nominated by us from time to time, and includes any associated software, networks or processes;
• “Privacy Policy” means our privacy policy available at maytes.com/privacy;
• “Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Site including, but not limited to, your name and contact details;
• “Services” means the services provided by Maytes and includes the provision of the Platform and any other services provided by us from time to time;
• “User Account” means the user account you create when you provide us with the Registration Data;
• “Website” means the website located at https://www.maytes.co/; and
• “Your Content” has the meaning in clause 9.3.

Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.